Department of Transportation 2008 – Federal Register Recent Federal Regulation Documents

This notice announces actions taken by the FHWA, and other Federal agencies that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a proposed highway project, State Route (SR)-108 project from SR-127 (Antelope Drive) to SR-126 (1900 West) in the cities of Syracuse, West Point, Clinton, Roy, and West Haven, Utah in the Counties of Davis and Weber, State of Utah. Those actions grant licenses, permits, and approvals for the project.

The Board grants an exemption, under 49 U.S.C. 10502, from the prior approval requirements of 49 U.S.C. 11323-25 for Genesee & Wyoming Inc. (GWI), a noncarrier, to acquire indirect control of Georgia Southwestern Railroad, Inc. (GSWR), subject to labor protective conditions. Pursuant to the Stock Purchase Agreement entered into by and among GSW Acquisition Sub Inc. (GSW Sub), GWI, Terry R. Small, and David L. Smoot, GSW Sub will acquire direct control of GSWR, and because GSW Sub is a wholly owned direct subsidiary of GWI, GWI will acquire indirect control of GSWR. GWI is a holding company that directly or indirectly controls one Class II rail carrier, 28 Class III railroads,\1\ two limited liability companies, and additional railroads with two wholly owned subsidiaries that are noncarrier holding companies.

The FAA is issuing this notice to advise the public of a third meeting of RTCA Special Committee 213, Standards for Air Traffic Data Communication Services.

This action revises the Class E Airspace at Rutland-Southern Vermont Regional (RUT); Rutland, VT to provide adequate controlled airspace for those aircraft using Instrument Approach Procedures to the airport. The IRA NDB has been decommissioned and new Standard Instrument Approach Procedures (SIAPs) have been developed. This rule also imparts a technical amendment to change the name of the airport from Rutland State Airport to Rutland-Southern Vermont Regional. This action will enhance the safety and airspace management around Rutland- Southern Vermont Regional.

This action establishes Class E Airspace at Russellville, AL. Airspace is needed to support new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures (SIAPs) that have been developed for Russellville Municipal Airport. As a result, controlled airspace extending upward from 700 feet Above Ground Level (AGL) is needed to contain the SIAP and for Instrument Flight Rule (IFR) operations at the airport. The operating status of the airport will change from Visual flight Rules (VFR) to include IFR operations concurrent with the publication of the SIAP. This action enhances the safety and airspace management of Russellville Municipal Airport, Russellville, AL.

On July 6, 2007, Alaska Railroad Corporation (ARRC) filed a petition with the Surface Transportation Board (Board) pursuant to 49 United States Code (U.S.C.) 10502 for the authority to construct and operate approximately 80 miles of new rail line from North Pole, Alaska, to Delta Junction, Alaska. Because construction and operation of this proposed action has the potential to result in significant environmental impacts, the Board's Section of Environmental Analysis (SEA) and eight cooperating agencies prepared a Draft Environmental Impact Statement (Draft EIS). The cooperating agencies include the U.S. Bureau of Land Management, Alaska State Office; U.S. Army Corps of Engineers, Alaska District; U.S. Department of Defense, Alaskan Command; U.S. Air Force 354th Fighter Wing, Eielson Air Force Base; Federal Transit Administration; Federal Railroad Administration; U.S. Coast Guard, Seventeenth District; and Alaska Department of Natural Resources. The purpose of this Notice of Availability is to notify individuals and agencies interested in or affected by the proposed action of the availability of the Draft EIS for review and comment, and of public meetings on the Draft EIS. Implementation of the proposed project would extend ARRC's existing freight and passenger rail service to the region south of the community of North Pole, and would include construction of related structures, such as a passenger facility, communications towers, and sidings. The Draft EIS analyses the potential environmental impacts of the proposed action and alternatives, including the no-action alternative. The Draft EIS addresses environmental issues and concerns identified during the scoping process. It also contains SEA's preliminary recommendations for environmental mitigation measures, ARRC's voluntary mitigation measures, and encourages mutually acceptable negotiated agreements to mitigate adverse environmental impacts should the Board approve the proposed. SEA and the cooperating agencies are also holding four public meetings on the Draft EIS during which interested parties can make oral comments in an orderly fashion before meeting participants and/or submit written comments. A court reporter will be present to record the oral comments. The dates, locations and times of the public meetings are shown below: January 12, 2009, 5-8 p.m., Pike's Waterfront Lodge, 1850 Hoselton Road, Fairbanks, AK. January 13, 2009, 5-8 p.m., City Council Chambers, 125 Snowman Lane, North Pole, AK. January 14, 2009, 5-8 p.m., Salcha Senior Center, 6062 Johnson Road, Salcha, AK. January 15, 2009, 5-8 p.m., Jarvis West Building, Milepost 1420.5 Alaska Highway, Delta Junction, AK. The Alaska Department of Natural Resources will be attending the meetings to hear public comments on the proposed project pursuant to their obligations under Alaska statute 42.40.460. SEA and the cooperating agencies will prepare a Final Environmental Impact Statement (Final EIS) that considers comments on the Draft EIS. The Board will then issue a final decision, based on all public and agency comments in the public record for this proceeding, that will address the transportation merits of the proposed project and the entire environmental record including the Draft EIS and Final EIS. That final decision will approve the proposed project, deny it, or approve it with mitigation conditions, including environmental conditions.

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 12 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemption renewals will provide a level of safety that is equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.

In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for its review and approval and invites public comment. The purpose of this information collection is to acquire general information regarding the commercial motor vehicle driving population and specific information on driver work history, work scheduling, and compensation. This information is needed in many different types of analyses conducted by the FMCSA and would benefit the FMCSA in assessing the impacts of proposed rules and the improvement of its safety programs.

We are adopting a new airworthiness directive (AD) for certain Boeing Model 757 airplanes. This AD requires changing the wiring of the fuel boost pump and doing other specified actions. This AD results from reports of short circuits in an electrical connector at the wing-to- body electrical disconnect panel. We are issuing this AD to prevent a short circuit of the electrical connector for the fuel boost pump, which could cause the instruments for fuel, flap, slat, and aileron systems to malfunction and create a potential ignition source inside the fuel tanks. A potential ignition source inside the fuel tank in combination with flammable fuel vapors could result in a fuel tank explosion and consequent loss of the airplane.

We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:

We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:

We are revising an earlier proposed airworthiness directive (AD) for certain Boeing Model 727 airplanes. The original NPRM would have required performing an operational test of the engine fuel suction feed of the fuel system, and other related testing if necessary. The original NPRM resulted from a report of in-service occurrences of loss of fuel system suction feed capability, followed by total loss of pressure of the fuel feed system. This action revises the original NPRM by reducing the compliance time for low-utilization airplanes and including corrective actions that were inadvertently omitted from certain sections. The corrective actions are inspecting and repairing or replacing any leaking Gamah fittings with new fittings, and inspecting and repairing any major welded tube assemblies that are leaking. We are proposing this supplemental NPRM to detect and correct failure of the engine fuel suction feed capability of the fuel system, which could result in multi-engine flameout, inability to restart the engines, and consequent forced landing of the airplane.

This action proposes to remove Federal Airway V-328, and modify three Federal Airways, V-319, V-333 and V-480, in Alaska. The FAA is proposing this action in preparation of the eventual decommissioning from the National Airspace System (NAS) of the Kipnuk, Very High Ommi-directional Range (VOR), Kipnuk, AK.

This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that 2005-2006 Porsche Carrera Cabriolet passenger cars manufactured prior to September 1, 2006 that were not originally manufactured to comply with all applicable Federal motor vehicle safety standards (FMVSS) are eligible for importation into the United States because (1) they are substantially similar to vehicles that were originally manufactured for sale in the United States and that were certified by their manufacturer as complying with the safety standards (the U.S.-certified version of the 2005-2006 Porsche Carrera Cabriolet passenger cars manufactured prior to September 1, 2006,) and (2) they are capable of being readily altered to conform to the standards.

FMCSA announces receipt of applications from fifteen individuals for an exemption from the prohibition against persons with a clinical diagnosis of epilepsy (or any other condition which is likely to cause a loss of consciousness or any loss of ability to operate a commercial motor vehicle (CMV)) from operating CMVs in interstate commerce. If granted, the exemptions would enable these individuals with seizure disorders to operate CMVs in interstate commerce.

In accordance with the Paperwork Reduction Act of 1995 and its implementing regulations, the Federal Railroad Administration (FRA) hereby announces that it is seeking renewal of the following currently approved information collection activities. Before submitting these information collection requirements for clearance by the Office of Management and Budget (OMB), FRA is soliciting public comment on specific aspects of the activities identified below.

In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Requirements (ICRs) abstracted below have been forwarded to the Office of Management and Budget (OMB) for review and comment. Each ICR describes the nature of the information collection and its expected burden. The Federal Register notice with a 60-day comment period soliciting comments on the collection of information listed below was published on October 2, 2008 (See 73 FR 57404).

This establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) provided by the aviation authority of France to identify and correct an unsafe condition on an aviation product. The MCAI states the following:

Section 6005 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) established the Surface Transportation Project Delivery Pilot Program, codified at 23 U.S.C. 327. Section 327(g) of Title 23, United States Code mandates semiannual audits during each of the first 2 years of State participation to ensure compliance by each State participating in the Pilot Program. This notice announces and solicits comments on the second audit report for the California Department of Transportation (Caltrans).